In recent days The Pirate Bay announced the addition of a new proxy-friendly version of their site supported by a new IP address. This means that customers of ISPs that had previously implemented a court-ordered blockade could now access the site again. In the Netherlands, anti-piracy group BREIN is already battling to have that censored too. However, it seems that some ISPs are refusing to play ball, and several are challenging the entire blockade.

Following an earlier court ruling that ordered Ziggo and XS4ALL, two of the Netherlands’ largest ISPs, to start blocking access to the The Pirate Bay, two weeks ago Dutch anti-piracy group BREIN chalked up another victory.

On May 10th, the Court of The Hague ordered an additional five ISPs – UPC, KPN, Tele2, T-Mobile and Telfort – to block two TPB IP addresses and 20 domain names within 10 days or face fines of up to 250,000 euros.

These pair of court rulings, although similar, were not identical. In the first ruling permission was given for BREIN to add additional IP addresses should The Pirate Bay choose to switch or add IP addresses to their site.

Not surprisingly and as already reported, TPB did in fact add a new IP address plus a proxy-friendly version of their site in recent days. BREIN was quick to react and has now ordered Ziggo and XS4ALL to block the IP address 194.71.107.80 within 10 days or face fines of up to 250,000 euros.

However, in the second ruling against the five other ISPs, the Court felt that the XS4ALL/Ziggo ruling went too far. As a result the Court only allowed two TPB specific IPs to be censored and disallowed BREIN from simply adding more. This means that even when the ban kicks in during the days to come, users of UPC, KPN, Tele2, T-Mobile and Telfort will be able to access TPB by using the IP address listed above.

Although not required by law to block the recently-added IP address, Webwereld reports that two ISPs have confirmed they were approached by BREIN to do so.

“We will do not comply without a court order”, said Jan-Willem te Gussinklo Ohmann, spokesman for Tele2.

“We will not respond to [BREIN’s] request,” said a spokesperson for KPN. “Our position is: we’re not going to make destinations on the Internet inaccessible to our subscribers without a judge determining that it is necessary.”

However, contesting the addition of new IP addresses isn’t the only way these ISPs are resisting web blockades. From the first ruling, Ziggo and XS4ALL already announced that they will appeal and now from the second ruling, Tele2 have just confirmed that they have done the same.

“At the moment BREIN wants a blockade of The Pirate Bay, but tomorrow there may be other interest groups preparing their wishlists,” Tele2 said. “The ruling is a threat to Internet freedom in our country.”